A judge made a ruling in a case involving back child support payments due from husband for over age 18 children, payments that had been previously negotiated in exchange for other property rights. See Child Support/Benefits Of Private Agreements Outside Court System. Ultimately, the judge gave husband additional let offs as per his request, contrary to the terms of the original agreement. The conclusion here is sad; because husband’s let offs were really not fair in the sense that wife had relied upon the original agreement, she walked away feeling cheated. And because the let off’s involved support for children who were adults, the children knew father was reducing their support (and even though his income/financial positioning was better than ever). Relations between father and family are more strained than ever. Father saved some money but was even further estranged from family
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Thomas’s Approach:
The husband wanted out of the marriage. It was fair and reasonable but he had guilt in his heart for his ex-wife. Here, Thomas wanted to pay more spousal support for a longer period than would have been ordered by a court under statutory/case law. It was important to make certain that Thomas knew his legal rights, obligations and was proceeding independently of those provisions voluntarily. Thomas did make some modifications. However, he went ahead with his plans. He now reports a quite extraordinary relationship with his children and a decent openness with his ex. Further, for what’s it worth, he claims that the few times in is life, his divorce being one of those times, when he is more generous than not with respect to money, somehow that money comes back to him in other ways.
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Susan’s dilemma:
A motion was filed to set aside an existing marital settlement agreement, a difficult task in the best of circumstances but necessary here given the unconscionable settlement agreement and emotional condition of Susan. It was clear it would be tough, husband was being challenged to part with money, money that belonged half to wife and he had cheated her out of; but it was hard to predict the type of legal maneuvering that husband produced.
Lesson: instead of reacting to the ‘maneuvered motion’ leveled against you, consider the reason behind it, strategy, and employ your own. Know your emotions, embrace them for their knowledge, but don’t succumb to your emotions. Calmly oppose the request for a TRO and react in private.
Staying focused in the most difficult of times always gets the best results. It’s also the hardest time to stay focused, which is why having a divorce consultant to help you process information and direct the hired attorney during this challenging time becomes invaluable in the long run: for net result, reducing out of pocket attorney fees, and creating a calmer state of mind.
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